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Personal Guarantee

What is a Personal Guarantee? A personal guarantee is essentially a document that makes an individual liable for the debts incurred by a third party. In the circumstances of a business loan agreement between a bank and a company, a personal guarantee can place the...

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Statutory Demands to Recover Debts

A Statutory Demand is a demand made in the prescribed form by a creditor to a company pursuant to section 459E of the Corporations Act which demands payment of a debt within 21 days. Failure to comply with a Statutory Demand A failure to comply with a Statutory...

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Restraint Of Trade

Protecting the goodwill and brand of the business whilst creating income and profit are the main objectives of all businesses. In an attempt to achieve these objectives business owners will often include restraint of trade (“ROT”) clauses in employment agreements,...

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Disputing An Unfair Preference Claim

‘It’s not personal. It’s just business’. We have all heard this line before in movies and television shows. Spoken where a relationship has been broken for the purpose of achieving some advantage, usually an economic gain. But for most people (and most of the...

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